A ban on assault weapons. Full legalization of marijuana. A slew of election reforms aimed at enhancing voter access.

Those are just a few of the controversial proposals likely to be debated by the 150th Delaware General Assembly just months after lawmakers defeated similar measures – or at least failed to grant them final votes – in 2018.

Roughly a quarter of the 62 seats in the General Assembly are now held by rookie lawmakers.

The 2018 midterm elections also allowed Democrats to expand their majorities by one seat in both the House and Senate. Democrats will still need Republican votes to pass tax bills and constitutional amendments but legislation needs only a simple majority likely will be decided by the majority party alone.

And those two factors are helping give new life to old bills that previously were just a few votes short of passage.

"It's going to be interesting," said House Speaker Pete Schwartzkopf, D-Rehoboth Beach. "Before June, I knew pretty much where everyone stood on every issue ... [But this year] will be a learning curve."

Since reconvening, lawmakers have focused most of their energy on an equal rights amendment to the Delaware Constitution. The measure cleared the Legislature last year and now must win approval a second time.

The Delaware ERA is expected to pass the Senate on Wednesday after sailing through the House last week 35-6. That vote offered an early glimpse into how the 2018 election has changed the whip count on certain issues – even among Republicans.

Freshman state Rep. W. Shannon Morris, R-Felton/Harrington, for example, voted against the ERA – a reversal from his predecessor and fellow Republican Bobby Outten.

Fellow rookie Rep. Bryan Shupe, R-Milford South, voted in favor of the measure, a switch from his predecessor Harvey Kenton.

While those flipped votes did not affect the outcome, they illustrate how newly elected lawmakers could shift the legislative landscape, particularly when it comes to bills with narrow margins.

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State Sen. David McBride, D-New Castle is seen during the start of the 150th General Assembly at Legislative Hall in Dover.(Photo: Jason Minto, The News Journal)

"They're all going to come with agendas, constituent issues, state issues – some of them I'm not aware of quite frankly," said Senate President Pro Tem David McBride, D-New Castle. "We're going to find out when they show up."

"That's not going to happen this time," McBride said. "We're going to have a vote on it."

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Legislators from both sides of the aisle expect to see a return of gun legislation in 2019.
Daniel Sato and Jason N Minto, Delaware News Journal

McBride says he plans to make that happen by placing the legislation in the friendlier Executive Committee. The retirement of former state Sen. Brian Bushweller of Dover and the defeat of former Minority Whip Greg Lavelle also could tip the scales if a proposed ban were to reach the floor – assuming Sen. Bryan Townsend, D-Newark/Bear, reintroduces the measure this year.

"I'm encouraged and grateful for Sen. McBride's comments and support," Townsend said. "My focus is on passing the kind of common-sense gun legislation that voters have clearly shown they want. An assault weapons ban is just one of several proposals I'm currently discussing with my colleagues."

Republicans, meanwhile, say they would rather have the Legislature focus on enhancing school safety and ensuring guns do not fall into the wrong hands.

Two of the Republicans who voted against the measure and one of the Democrats who abstained are no longer in office. It remains to be seen, however, whether those changes will be enough to get the legislation out of the House, through the Senate and past Carney, who is not in favor of the full legalization at this time.

But even opponents concede momentum is building for recreational cannabis after the state created a medical marijuana program in 2011 and decriminalized possession of small amounts in 2015.

"It probably stands a better chance than it did before," said Schwartzkopf, a former Delaware State Police trooper, who is opposed to full legalization. "It will be here eventually. I don't know whether it's this year, next year or whenever."

State Rep. Ed Osienski, D-Newark East, and State Sen. Trey Paradee, D-Dover, reportedly are working a new version of the bill that they hope will be more amenable to lawmakers.

Details are scarce but those changes could involve a different tax structure, fewer licensed dealers and higher penalties for driving under the influence – a major concern for opponents.

Some like House Minority Leader Danny Short, R-Seaford, say there are no amendments that would make legalizing marijuana worthwhile.

"We're struggling with the opiate thing," he said. "I think it sends the wrong message that we're going to further diversify our drug world here in the state of Delaware."

Election reform

One of the first initiatives Democrats are expected to push through with their expanded majority is election reform.

House Democrats passed measures last year that would have allowed voters to register on Election Day and cast ballots in person up to 10 days before the election statewide while moving the state's primary elections to April so it to coincides with the presidential primary.

Sent to the Senate in June over the objections of Republicans and some Democrats, those bills never got out of committee for a final vote.

Producing a balanced budget, on time remains a priority for lawmakers in Dover.
Daniel Sato and Jason N Minto, Delaware News Journal

"Democrats and Republicans have an interest in getting more Delawareans to the polls," he wrote recently. "Most importantly, we all have an interest in removing barriers to vote, and making sure all Delawareans are involved in our Democratic process."

Bills proposing early voting, same-day registration and an earlier primary are expected to be introduced in the House this week, most likely to coincide with Carney's State of the State Address on to the General Assembly on Thursday.

Expect opponents to argue about election security, long lines at polling stations and an even longer election cycle when those measures come up for debate – sooner rather than later.

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Democrat House Speaker Peter C. Schwartzkopf gives his remarks in the house chambers during the start of the 150th General Assembly at Legislative Hall in Dover.(Photo: Jason Minto, The News Journal)

"I want to get [them] out soon enough so [the Senate] has time to work on [them]," Schwartzkopf said. "People have died for that right [to vote.] I think we should make it as easy as possible."